Kamaraj v. State Rep. By

C.V.KARTHIKEYAN,J.

The petitioners/A3 and A4 seek anticipatory bail in Crime No.594 of 2023 registered by the respondent police for the offences punishable under Sections 294(b), 324, 435 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998.

2. It is stated that as between the petitioners and the defacto complainant there was a dispute over a pathway and the petitioners had committed the offence and also, destroyed the hut of the defacto complainant.

3. Taking into consideration the overall view of the entire situation, this Court in inclined to grant anticipatory bail to the petitioners subject to the following conditions:

4. Accordingly, the petitioners shall jointly deposit a sum of Rs.25,000/- to the credit of Crime No.594 of 2023 before the Magistrate

concerned, within a period of two weeks from the date of receipt of a copy of this order and the Magistrate may hand over the said amount to the defacto complainant. On such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Mannargudi, Thiruvarur District, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

10.10.2023 pal/ata

C.V.KARTHIKEYAN,J.

pal/ata 10.10.2023